Additional Response Costs definition
Examples of Additional Response Costs in a sentence
If Additional Response Costs are incurred, EPA will send Settling Parties [and Settling Federal Agencies] one or more bills requiring payment [of the specified percentage], which includes a [insert name of standard Regionally-prepared cost summary], which includes direct and indirect costs incurred by EPA, its contractors, and the U.S. Department of Justice.
If any amounts due to EPA under Paragraph 11 (Payment by Settling Parties for Response Costs) [also reference Additional Response Costs payment, if applicable] are not paid by the required date, Settling Parties shall be in violation of this Settlement Agreement and shall pay to EPA, as a stipulated penalty, in addition to the Interest required by Paragraph 19 (Interest on Late Payments), $______ per violation per day that such payment is late.
Settling Parties shall make all payments within 30 days after receipt of each bill requiring payment, except as otherwise provided in Paragraph 18 (Resolution of Disputes Concerning Payment of Additional Response Costs).
Within the same time period, Settling Parties shall establish, in a duly chartered bank or trust company, an interest-bearing escrow account that is insured by the Federal Deposit Insurance Corporation (FDIC), and shall remit to that escrow account funds equivalent to the amount of the contested Additional Response Costs.
If the dispute is not resolved before payment is due, Settling Parties shall pay the full amount of the uncontested costs to EPA as specified in Paragraph 16 (Payment of Additional Response Costs [by Settling Parties]) on or before the due date.
In the event that any Additional Response Costs are disputed by Settling Parties in accordance with Paragraph 18 (Resolution of Disputes with Settling Parties Concerning Payment of Additional Response Costs), the United States shall pay only that portion of the payment required under this Paragraph 17 that is attributable to the costs that are undisputed by Settling Parties.
The dispute resolution procedures in this Paragraph are limited to disputes regarding recovery of Additional Response Costs.
EPA shall deposit all Additional Response Costs payment(s) from Settling Federal Agencies in accordance with Paragraph 15.a(1) [insert alternative special account deposit instructions if necessary].
Settling Parties may dispute all or part of a bill for Additional Response Costs submitted under this Settlement Agreement if Settling Parties determine that EPA has made a mathematical error or included a cost item that is not within the definition of Additional Response Costs, or if they believe EPA incurred excess costs as a direct result of an EPA action that was inconsistent with a specific provision or provisions of the NCP.
If any Settling Party fails to make any payment required by Paragraph 11 (Payment by Settling Parties for Response Costs) [also reference Additional Response Costs payment, if applicable] by the required due date, Interest shall continue to accrue on the unpaid balance through the date of payment.